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Housing – Homeless person. The issue before the court was whether a court in possession proceedings under the Housing Act 1996 should approach a defence based on disability discrimination in the the Equality Act 2010 in the same way as it would approach one based on art 8 of the European Convention on Human Rights. The Supreme Court held, disagreeing with the approach of the lower courts, that the substantive right to equal treatment protected by the 2010 Act was different from the substantive right which was protected by art 8 of the Convention. Parliament had expressly provided for an extra right to equal treatment for people to be protected against direct and indirect discrimination in relation to eviction. Nevertheless, applying that correct approach, the defendant's eviction was inevitable.
Housing – Homeless person. The issue before the court was whether a court in possession proceedings under the Housing Act 1996 should approach a defence based on disability discrimination in the the Equality Act 2010 in the same way as it would approach one based on art 8 of the European Convention on Human Rights. The Supreme Court held, disagreeing with the approach of the lower courts, that the substantive right to equal treatment protected by the 2010 Act was different from the substantive right which was protected by art 8 of the Convention. Parliament had expressly provided for an extra right to equal treatment for people to be protected against direct and indirect discrimination in relation to eviction. Nevertheless, applying that correct approach, the defendant's eviction was inevitable.
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